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53 Cards in this Set
- Front
- Back
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What are the methods of confirming identity? |
• Fingerprints • Admissions • Voice Identification • Eyewitness Identification • Handwriting • D.N.A
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How many people are required for a single suspect ID parade? |
8 |
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How many people are required where 2 suspect are used for an ID parade? |
12 |
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When can an ID parade be held? |
When the suspect is willing to participate.
Suspects are not obliged to participate in the parade, but police aren't obliged to tell them they don't have to do it. Request to participate must be recorded for evidence. |
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What two aspects must be satisfied for eyewitness ID evidence to be legally admissible? |
• ID parade must be fair to the accused and should avoid any single confrontation.
• Witness must make identification from recollection of seeing offender commit the crime. |
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What must the ID parade participants be like? |
• Same sex as suspect • Similar looking • Similar age • Similar height • Similar clothes at time of offence |
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Who can conduct an ID parade? |
A Sergeant or above who has no interest in outcome. |
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When can an ID by Photo be used? |
Photos may be used during investigation to identify unknown suspects that refused to participate in identification Parade. |
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What are our Enforcement Action Options? |
(most severe to least from top) • Charge & Remand • Charge & Bail • Charge & Summons • Infringement Notices • Official Warnings/Cautions |
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What are the requirements for eligibility of Caution? |
• Offender must admit the offence • Cannabis caution/drug diversion offender must consent • Children of or above 10 and parent or Guardian presents |
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What are the requirements for eligibility of Official Warnings? |
• Offender must admit the offence • Offender must consent to a warning • the victim has been consulted • age limitations |
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What are the requirements for eligibility of Infringement Notices? |
• issued for offences listed in the Infringement Notice Codes and Penalties Guide • 3 maximum infringements at a time by the same informant • offender must be spoken to in person (except parking infringements) • verified address • Cannot issue to a person under 14 years of age |
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What are the requirements for eligibility of Charges & Summons? |
• sufficient admissible evidence to cover all points of proof • Only the Informant may issue a summons to answer a charge • Charge and summons must be issued within 2 months of interview • summons is the preferred method of proceeding |
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What are the requirements for eligibility of Charge and Bail? |
• the decision to bail a person to be made by Sgt or above or a member who is in charge of a police station • bail must be in accordance with the Bail Act 1977 • use of bail with conditions is preferred to remand |
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What is Bail? |
An undertaking in writing, signed by by accused or surety, that accused will attend a hearing, trial or sentence and surrender themselves into custody |
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What must be considered for Bail? |
• Endanger safety/welfare of any person • Commits an offence while on bail • Interfere with Witness/obstruct Justice • Fail to attend/surrender in accordance with bail |
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What are the procedures for releasing a person from custody? |
• Release Unconditionally • Released on bail • Brought before a Justice or Magistrate |
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What types of Bail are there? |
• Released on own undertaking without any conditions • Released on own undertaking with conduct conditions • Released with a surety for a specified amount or deposit of money, with or without conduct conditions |
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What are some examples of bail conditions? |
• Reporting to a police station • Residing at a particular address • Imposing a curfew • Not to have contact with particular persons • Surrender of passport • Geographical exclusions • Not to consume alcohol or drugs |
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What is Surety? |
A person who guarantees the accused will attend Court on the specified date |
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What is a bail Security? |
A deposit of money or something of value either by the accused or surety |
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What is the penalty for failing to answer bail? |
Charge |
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What is the consequence to contravene bail conduct conditions? |
Infringement notice |
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Where does your power of arrest come from for breach of bail? |
Section 24 of the Bail Act 1977 |
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What do you need to arrest someone for Breach of Bail under Section 24 of the Bail Act 1977? |
BORG likely to break conditions OR SORG has or is breaking conditions OR Notified by surety in writing of possibility of breaking conditions OR Surety is dead and security is no longer sufficient |
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What is a EWOK? |
Electronic Warrant Online Knowledge Bank |
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What are the types of warrants stored on EWOK? |
• Warrant to arrest (breach warrant) • Charge sheets and warrant to arrest (form 403) • Warrant of commitment • Corrections warrant |
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What types of warrants are NOT stored on EWOK? |
• DNA Warrants • Search Warrants • Remand Warrants |
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What is the statutory definition of Assault (Crimes Act 1958)? |
• Direct/indirect force by a person • To the body of or clothing or equipment • On another person • Without lawful excuse • Intent or Reckless • To inflict bodily injury, pain, discomfort, damage, insult or deprivation of liberty |
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What is the definition of Injury? |
• Physical injury or harm to mental health • Permanent or temporary • Unconscious, disfigurement, substantial pain, infectious disease, impairment of bodily functions (slight injury e.g. small cut, bruising etc not classified as an injury) |
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What is the definition of Serious Injury? |
• Endangers life • Substantial/protracted • Destroys foetus |
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Are medical reports and photos vital for both Injury & Serious Injury? |
Yes |
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What are the defences to assault? |
• C onsent • A micable contest • M isadventure or accident • E xecution of the law • L awful correction or chastisement • S elf-defence |
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What classification of offence is Wilful Damage? |
Summary |
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What classification of offence is Criminal Damage? |
Indictable Offence |
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Does the request to participate in an ID Parade need to be recorded? |
Yes, in practice this request is made during the interview process |
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When can you use a Photo Board? |
• Where a person suspected of committing a crime cannot be found or his involvement is still under suspicion - A suspect MUST be afforded the opportunity to participate in an ID Parade before consideration may be given to using a photo board |
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What are the VPM guidelines for Photo Boards? |
• The photograph of the suspect is to be affixed in a manilla folder with 11 other photographs • Only one suspect is to be included in a folder • Photographs are to be either all colour or black and white and should depict person of approximately the same age and appearance as the suspect • Photographs are to be of the same type with the same profile type • All photographs should have their backgrounds removed so only the person is shown and no surrounds are visible • Names and other identifications as to the identities of persons in the photographs must be removed • Photographs are to be numbered and this number referred to in witness statements regarding identification • The names of the respective persons photographed and their place in the ID folder are to be retained by the investigator until any court proceedings are concluded • The folder is to be labelled and endorsed with the name of the member preparing it |
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Is Eyewitness ID regarded as superior to Photo Boards? |
Yes |
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Who can give Voice Identification? |
• Witness • Experts • Police |
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What can DNA typing be used for? |
• Eliminate a person as a source of biological material • Include a person as a possible source of the biological material • Compare a sample of biological material found at a scene or from a person to a DNA database |
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What other things can an ID Parade be used for? |
• Animals • Vehicles • Premises • Firearms or other weapons • Tools or instruments • Other physical objects |
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What unwritten rule is to be followed in relation to Eyewitness identification? |
Unless the offender is well known to the witness by long association, no single identification or confrontation must occur, but a formal identification must be held, provided the suspect is prepared to participate |
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What is Discretion? |
• Discretion involves balancing the need to enforce the law to its full extent • Balancing the need to take appropriate action or no action in relation to a person who has broken the law that recognises the individual circumstances and the circumstances of the offence |
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What must you consider before undertaking any action against a person? |
• determine whether an offence has been committed • verify the identity of the offender • ensure there is sufficient admissible evidence |
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What must be considered before taking an enforcement action? |
• nature, severity and gravity of the offence • characteristics and circumstances of the offender and victim • any injury, loss or damage resulting from the offence • appropriateness of the action in light of community expectations, effect of deterrence on the offender and of the community in general • requirements that apply to the specific enforcement action. e.g. Family Violence, drink driving |
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Where does it outline the options available to members when deciding to take action against the person? |
APPENDIX A - Enforcement Action Framework |
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Prosecution of a child should always be regarded as a severe step. What are the special considerations that apply to children under the age of 18? |
• the seriousness of the offence • age and maturity including cognitive, social and emotional development • mental capacity of the child • availability of a caution or diversion • driver's to the offending behaviour • any previous action taken and the result |
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What are the requirements for eligibility of Charge and Remand? |
• appropriate disposition discussion with a supervisor • remand of children in custody should be considered a last alternative |
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What are the requirements for eligibility of Charge and recommendation for diversion program? |
• offender must admit the offence • diversion is appropriate in the circumstances • recommended in Magistrates or Children's Court • offence must be eligible for diversion (Section 59 (1) Criminal Procedures Act) |
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What is a BDM? |
Bail Decision Maker |
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Who can be a BDM? |
• a court • a police officer (SGT or above) • bail Justice • the sheriff or a person authorised under Section 115 (5) of the Fines Reform Act 2014 |
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For how long does a police BDM have the authority to remand an accused person in custody? |
48 hours |
